US: Judge orders US not to transfer American accused of fighting for ISIS - PressFrom - US
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US Judge orders US not to transfer American accused of fighting for ISIS

02:40  19 january  2018
02:40  19 january  2018 Source:   cnn.com

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A federal judge ruled Thursday that the US Defense Department must refrain from transferring a US citizen accused of fighting for ISIS and detained as an "enemy combatant" in Iraq to the custody of a third country until Tuesday.

Judge orders US not to transfer American accused of fighting for ISIS . The American Civil Liberties Union, which is representing the unnamed man, has filed a petition for He has since been held in Iraq under US custody. The US government accuses him of fighting on behalf of ISIS in Syria.

  Judge orders US not to transfer American accused of fighting for ISIS © ISIS propaganda

A federal judge ruled Thursday that the US Defense Department must refrain from transferring a US citizen accused of fighting for ISIS and detained as an "enemy combatant" in Iraq to the custody of a third country until Tuesday.

The American Civil Liberties Union, which represents the unnamed individual, filed a motion with the court earlier this month asking that the man not be transferred from US government custody until the court has ruled on his petition for habeas corpus, which challenges the legality of his detention by the US government. The government must respond to the claim of unlawful detention by Monday.

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JUST WATCHED. Militia: Americans accused of fighting for ISIS . In October, the US military released another American citizen suspected of being a member of ISIS who was captured in Syria. US officials have encouraged countries to repatriate their citizens in detention in Syria in order to

Judge orders US not to transfer American accused of fighting for ISIS . His journey and subsequent arrest while attempting to return to the US highlight a wide range of American residents who have traveled to Iraq and Syria and successfully associated with or joined a an extremist group since 2011.

The Justice Department argued they have the authority to transfer the individual to the custody of an interested third country but that the government did not have the burden of disclosing the identity of that country.

In her order, Judge Tanya S. Chutkan of the US District Court for the District of Columbia said that based on the government's assertion that there was "no basis to believe" a transfer of the man would take place in the next 48 hours but that the government retains the authority to transfer the individual "as soon as another country is ready," Chutkan ordered no transfer could take place until Tuesday.

The unnamed man, described as a citizen of both the United States and Saudi Arabia by the US government, was turned over to US forces in Syria in September by the Syrian Democratic Forces and taken to Iraq. He has since been held in Iraq under US custody.

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Judge Chutkan issued a brief order granted the man’s request for a preliminary injunction blocking any transfer late Thursday evening, just minutes before a 72-hour notice period was set to expire that would have cleared the way for the The government has not accused him of fighting for the Islamic State .

(CNN) A federal judge blocked the Trump administration Thursday from transferring to another country an American citizen who has been accused of fighting for ISIS and who has been held by US forces in Iraq for months. The order , issued by Judge Tanya S. Chutkan, says the Department of

The US government accuses him of fighting on behalf of ISIS in Syria.

Chutkan had ruled last month that the government had to give the individual access to the ACLU to determine if he wanted access as counsel and wanted to challenge his detention, something the man affirmed he did earlier this month during an initial video conference with the ACLU.

The ACLU has since communicated with the individual a second time. The group says it petitioned for his identity to remain anonymous based on the man's fear for his safety and that of his family.

The civil rights group had initially sued the government requesting he be given access to counsel and demanding that the Trump administration justify his continued detention without charges. The Justice Department had argued the ACLU had no standing to sue because it had not shown the individual wanted to challenge his detention.

Chutkan disagreed in the ruling last month, saying the ACLU had "demonstrated that it is dedicated to the detainee's best interests," and she ordered the Pentagon to allow the ACLU to communicate with him.

The Defense Department has not said how long it expects to hold the individual, according to previous court documents.

Boy says he lived with U.S. family under ISIS rule .
Now back with his own family in Iraq, 8-year-old Ayham Elias misses the American woman who cared for him in RaqqaHe says he lived under ISIS rule with an American family. He only knew they were American because the woman told him she was from the U.S.

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